Legal Basis for Criminalizing Online Gambling

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Legal Sanctions for Companies That Are Late or Don't Pay Religious Holiday Allowances", "Antigone Case: Law Versus Morality", you may read also "Contoh Surat Permohonan Untuk Mengadakan Arbitrase di BASYARNAS", "What Are The Competences of The Religious Courts To Adjudicates In Sharia Economic Cases?", "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History", "What's The Difference Between Police Report and Public Complaint?", "How To Report Online Scammer Or Fraud To The Police In Indonesia", "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Legal Basis for Criminalizing Online Gambling'.

Cases of illegal trading robots which turned out to be, after an investigation, were strongly indicated as online gambling, still adorn the news of law enforcement in the country. Applications such as Binomo and Quotex have been investigated by the Criminal Investigation Unit of the National Police Headquarters. Recently, it turns out that new cases have emerged with the calculation of customer losses that are no less fantastic. Newest are the cases of trading apps Fahrenheit, DNA Pro and Millionere Prime.

Term on Gambling

According to the online version of the Big Indonesian Dictionary, what is meant by gambling is: "Permainan dengan memakai uang atau barang berharga sebagai taruhan (seperti main dadu, kartu): --itu pangkal kejahatan;-- buntut perjudian liar (dengan cara menebak nomor akhir dari undian resmi);[1]

According to The Law Dictionary 'Betting' is: "Betting; wagering. Results in either a gain or total loss of wager, the money or asset put up. Neither risk-taking nor investing, nor like insurance. Risk taking or speculation takes on substantial short-term risk to potentially get high gain. Investing uses property or assets to potentially increase in worth, securing long-term capital gains. Insurance can prevent financial loss but has no way to gain".[2] 

Legal Basis for Criminalizing Online Gambling 

Gambling in conventional forms and gambling in online form is prohibited in Indonesia. The following are the legal basis and criminal threats:[3]

A. Article 303 Paragraph (1) of the Criminal Code explains as follows:

Threatened with a maximum imprisonment of ten years or a maximum fine of twenty five million rupiah, whoever without obtaining permission:

1. Intentionally offering or providing an opportunity for gambling games and making it a quest, or knowingly participating in a company for that purpose;

2. Intentionally offering or giving an opportunity to the general public to play gambling or deliberately participating in a company for that, regardless of whether to take advantage of the opportunity there are certain conditions or the fulfillment of certain procedures;

3. Make participating in gambling games a quest.

B. Article 27 Paragraph (2) of Law Number 11 of 2008 concerning Information and Electronic Transactions ("UU ITE") which reads:

"Everyone intentionally and without rights distributes, transmits, and/or makes accessible Electronic Information or Documents containing gambling content".

C. Article 45 Paragraph (2) Law of the Republic of Indonesia Number: 19 of 2016 concerning Amendments of Law Number 11 of 2008 concerning Information and Electronic Transactions ("UU ITE") which reads: 

"Any person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents containing gambling content as referred to in Article 27 paragraph (2) shall be punished with imprisonment for a maximum of 6 (six) years. and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)".

We can read that the threat of punishment for conventional gambling as regulated in the Criminal Code is maximum imprisonment of ten years or a maximum fine of twenty five million rupiah. While the threat of imprisonment and fines for online gambling is a maximum of 6 (six) years, and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Judi", kbbi.web.id., Diakses pada tanggal 9 April 2022, https://kbbi.web.id/judi

2. "What is GAMBLING", thelawdictionary.org., Diakses pada tanggal 9 April 2022, https://thelawdictionary.org/gambling/

3. "Pemidanaan Judi Online, Bagaimana Aturannya?", retizen.republika.co.id., Oleh: Faizul Kirom, Diakses pada tanggal 9 April 2022, https://retizen.republika.co.id/posts/22293/pemidanaan-judi-online-bagaimana-aturannya#:~:text=Hukuman%20Pelaku%20Judi%20Online,)%20No.19%20Tahun%202016.